1. Why was the Notice issued?
2. What is a class action?
3. What is this lawsuit about?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How will I receive my Settlement payment?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
22. How do I get more information?
The United States District Court for the Western District of Wisconsin, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Ernster et al. v. Manitou Equipment America, LLC and Manitou North America, LLC, Case No. 3:24cv462. It is pending in the United States District Court for the Western District of Wisconsin. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the companies they sued, Manitou Equipment America, LLC and Manitou North America, LLC, are called the “Defendants.”
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the Settlement. In this Settlement, the Class Representatives are Patrick Ernster, Ramsey Hofius, and Trevar Black. Everyone included in this Action are the Class Members.
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This lawsuit alleges that during the targeted cyberattack on Manitou’s computer system in or around December 2023, certain files that contained private information were accessed. These files may have contained personal information such as full names; dates of birth; Social Security numbers; credit and/or debit card numbers; medical history (including condition; treatment; diagnosis; patient name; patient address; medical record number; prescription information; diagnosis; treatment; condition; dates of service); health benefits and enrollment information; financial account numbers with passwords or routing numbers; and Internal Revenue Service tax identification numbers.
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The Court did not decide whether the Plaintiffs or the Defendants are right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The court has defined the Class this way: “All individuals residing in the United States whose Personal Information was compromised in the Security Incident experienced by Defendants in or around December 2023, including all those individuals who received notice of the breach.”
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Yes. Excluded from the Class are:
the Judge in this case, and the Judge’s immediate family;
Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants or their parents have a controlling interest, and their current or former officers and directors; and
anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Manitou Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4965
info@ManitouSettlement.com
You may also view the Settlement Agreement here.
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Manitou will establish a Settlement Fund of $487,500.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Award payments for the Plaintiffs, and the costs of administering the Settlement. The net remaining money will be equally divided between all class members who do not opt out of the Settlement. This means that if you do nothing, you will get a Settlement cash payment. The total estimated number of Class Members is 12,003.
If you have questions, you can ask for free help any time by contacting the Settlement Administrator at:
Manitou Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4965
info@ManitouSettlement.com
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If you stay in the class, you won’t be able to be part of any other lawsuit against Manitou about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section IX) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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By default, your Settlement payment will be sent to you by check to the address Manitou has on file. If you prefer a digital payment through PayPal, Venmo, Zelle, or a prepaid card visit the Payment Election portal.
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You will get paid unless you opt out of the Settlement (see FAQ 15). The deadline to opt out is February 4, 2026.
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The Court will hold a final approval hearing on March 5, 2026 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Cassandra P. Miller of Strauss Borrelli, PLLC and Leigh S. Montgomery of EKSM, LLP, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve $162,483.75 as reasonable attorneys' fees and costs of litigation. This amount will be paid from the Settlement Fund.
Class Counsel will also ask for Service Award payments of $5,000.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Manitou on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself. The deadline to exclude yourself from the Settlement is February 4, 2026.
To be valid, your Request for Exclusion must have the following information:
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Manitou Security Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also submit your Request for Exclusion online through this Settlement Website by clicking here, or by email to info@ManitouSettlement.com.
Your Request for Exclusion must be submitted, postmarked, or emailed by February 4, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views. You cannot object if you have excluded yourself from the Settlement (see FAQ 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Ernster et al. v. Manitou Equipment America, LLC and Manitou North America, LLC, Case No. 3:24cv462, pending in the United States District Court for the Western District of Wisconsin;
your full name, mailing address, and telephone number;
a clear description of all the reasons you object and a description of whether the objection applies only to you, a subset of the Settlement Class, or the entire Settlement Class; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you, provide their name and telephone number and a statement of whether your or your attorney intends to appear at the Final Approval Hearing;
if you have objected in any other cases in the past five years, list the names, courts, and civil action numbers for each of those cases;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (or, if you have hired your own lawyer, your lawyer’s signature).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must submit your completed objection by submitting online by clicking here, or by email at info@ManitouSettlement.com, or by mail to the Settlement Administrator at the below address no later than February 4, 2026.
Manitou Security Incident Settlement
ATTN: Objections
P.O. Box 25226
Santa Ana, CA 92799-9958
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on March 5, 2026, at 11:30 a.m. Central Time, to be conducted remotely by zoom videoconference before the Honorable William M. Conley, District Court Judge of the United States District Court, Western District of Wisconsin. The Zoom link or access instructions will be posted on the Settlement Website before the hearing.
At the final approval hearing, the Court will decide whether to approve the Settlement. The court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you submit an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was submitted on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will automatically receive a Settlement payment. However, you will give up your right to sue or be part of any other lawsuit against Manitou related to the Security Incident, see FAQ 8.
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This website is a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Manitou Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4965
info@ManitouSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 120 N. Henry St., Rm. 320 Madison, WI 53703.
Do not contact the Court or Clerk of Court regarding this Settlement.
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